A legal opinion relayed to council indicates that the town would not be held responsible for contamination costs for abandoned fill sites.
In her report to council on Jan. 21, planner Sally Stull noted that last month she was directed to seek a legal opinion on who would pay the costs relating to contamination if a site was abandoned.
Stull said that as a result of council’s direction the following opinion has been provided by the town’s solicitor:
“If land is contaminated and is privately owned, the municipality would have no obligation to clean it up, unless the municipality subsequently exercises some degree of ‘charge, management or control’ over the property, within the meaning of the Environmental Protection Act.”
Stull said the town’s prior issuance and revocation of a fill permit under its bylaw would not be considered to be exercising “charge, management or control,” in her opinion.
“There has never been a case that extended the meaning of that phrase to that extent – not even close,” Stull told council.
